PETROLEUM LEGISLATION AMENDMENT ACT 2019 (NO 12 OF 2019)

Northern Territory Numbered Acts

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PETROLEUM LEGISLATION AMENDMENT ACT 2019 (NO 12 OF 2019) - SECT 5

Section 15A inserted

After section 15, in Part II, Division 1

insert

15A Appropriate person to hold permit or licence

(1) In determining whether to grant a permit or licence, the Minister must be satisfied that the applicant, and any associated entity of the applicant, is an appropriate person to hold a permit or licence under this Act, having regard to the following matters:

(a) the applicant or entity's record of compliance with the prescribed legislation, including:

(i) whether the applicant or entity has contravened any of the prescribed legislation; and

(ii) the seriousness of any contraventions; and

(iii) the length of time since the contraventions (if any) occurred; and

(iv) any other matter the Minister considers relevant;

(b) whether the applicant or entity has held a licence or other authority under the prescribed legislation where that licence or authority has been suspended or revoked;

(c) whether in the opinion of the Minister, the action or thing to be authorised by the permit or licence is or will be under the control of a technically competent person;

(d) whether in the opinion of the Minister, the applicant or entity is of good repute, having regard to character, honesty and integrity;

(e) whether the applicant or entity has, within the previous 10 years, been convicted in the Territory or elsewhere of an offence involving fraud or dishonesty;

(f) whether the applicant or entity, within the previous 3 years:

(i) was an undischarged bankrupt; or

(ii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) entered into an arrangement with the applicant or entity's creditors or made an assignment of the applicant or entity's remuneration for their benefit;

(g) whether the applicant or entity is or was a director of a body corporate that is the subject of a winding-up order or for which a controller or administrator has been appointed within the previous 3 years;

(h) whether the applicant has demonstrated to the Minister the financial capacity to comply with the applicant's obligations under the permit or licence;

(i) whether the applicant or entity is in partnership, in connection with the action that is the subject of the permit or licence, with a person whom the Minister does not consider to be an appropriate person having regard to the matters listed in this subsection and subsection (2);

(j) any other matters the Minister considers relevant in determining whether a person is an appropriate person to hold a permit or licence.

(2) If the applicant or entity is a body corporate, the Minister must consider the following additional matters:

(a) whether a director of the body corporate:

(i) has contravened the prescribed legislation or has held a licence or other authority under the prescribed legislation that has been suspended or revoked; or

(ii) is or has been the director of another body corporate that has contravened the prescribed legislation or has held a licence or other authority under the prescribed legislation that has been suspended or revoked;

(b) in the case of a body corporate that is the subsidiary of another body or company (the parent company ) – whether:

(i) the parent company or a director of the parent company has contravened the prescribed legislation or has held a licence or other authority under the prescribed legislation that has been suspended or revoked; or

(ii) a director of the parent company is or has been the director of another body corporate that has contravened the prescribed legislation or has held a licence or other authority under the prescribed legislation that has been suspended or revoked;

(d) whether in the opinion of the Minister, a director of the body corporate is of good repute, having regard to character, honesty and integrity;

(e) whether a director of the body corporate has, within the previous 10 years, been convicted in the Territory or elsewhere of an offence involving fraud or dishonesty;

(f) whether the body corporate is the subject of a winding up order or has had a controller or administrator appointed within the previous 3 years.

(3) In this section, a reference to a director of a body corporate includes a reference to a person concerned in the management of the body corporate.

(4) The Minister may require an applicant or associated entity to provide more information in relation to any matter in order for the Minister to determine whether the applicant or entity is an appropriate person to hold a permit or licence under this Act.

(5) The Minister must publish, on the Agency's website, the reasons why the Minister has determined that an applicant, and any associated entity of the applicant, is or is not an appropriate person to hold a licence or permit under this Act.

(6) In this section:

"prescribed environmental legislation" means the following:

(a) the Environmental Assessment Act 1982 ;

(b) the Waste Management and Pollution Control Act 1998 ;

(d) the Environment Protection and Biodiversity Conservation Act 1999 (Cth);

(e) the Environment Protection Act 1997 (ACT);

(f) the Protection of the Environment Operations Act 1997 (NSW);

(g) the Environmental Protection Act 1994 (Qld);

(h) the Environment Protection Act 1993 (SA);

(i) the Environmental Management and Pollution Control Act 1994 (Tas);

(j) the Environment Protection Act 2017 (Vic);

(k) the Environmental Protection Act 1986 (WA);